RAJU Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Appellants are aggrieved by the impugned judgment and order of sentence dated 24.12.2005 and 17.02.2006 respectively wherein the appellants had been convicted and sentenced to undergo RI for 7 years for the offence under Section 398 IPC; for the offence under Section 25/54/59 of the Arms Act they had been sentenced to undergo RI for three years. Both the sentences were to run concurrently; benefit of Section 428 Cr.P.C. had been granted to the appellants.

(2.) Version of the prosecution is that on 10.01.2001 at about 7.00 p.m. in the evening while Satish Kumar (PW-1) along with his nephew Anshul (PW-2), his son Achin (PW-4) were in their shop along with their employee Amar Singh (PW-7) four persons entered; appellant Raju pointed a pistol at PW-4's head; he was also hurling abuses. PW-4 caught hold of right hand of the appellant Raju in which he was holding a pistol; they grappled with one another. PW-1, PW-2 and PW-7 tried to save PW-4; two of the accused persons who were standing near the door ran away; the other two accused i.e. appellant Raju and the appellant Paras Ram (holding a knife in his hand) had been apprehended at the spot.

(3.) Statement of PW-1 Ex.PW-1/A was recorded at 7.50 p.m. pursuant to which the present FIR was registered at 11.40 p.m. Apart from the statement of PW-1 statements of PW-2,PW-4 and PW-7 were also got recorded by the investigating officer Suresh Chand (PW-18).